When you shop for a luxury vehicle, you may feel like you have every right to film it before you buy it. After all, you are spending thousands of dollars. Shouldn’t you be able to film and review the footage before making a purchasing decision? Let’s find out what public filming laws have to say.
The Bugatti Dealership
This video shows a billionaire inside a Bugatti dealership looking at a car. A salesperson approaches the man, and the two begin arguing about whether the man can film the vehicle. The salesman tells him he cannot film the car before he buys it. Was the salesperson right to prohibit the customer from filming?
According to public filming laws, the salesperson was within his rights.
A store is open to the public, so in most jurisdictions, it is legal to film or take pictures in a store. However, this law can be overridden by owner consent.
Stores are privately owned, and owners get to set the rules. If the owner prohibits filming, customers cannot film.
What are the Laws Regarding Filming in Public Places?
Stores are privately owned public spaces, and owners set the rules. But what about public spaces that aren’t privately owned, like parks and streets?
You are allowed to film in public spaces that are publicly owned, and you can even film people in these spaces. However, you cannot film people who have reasonable expectations of privacy, including restrooms, locker rooms, and fitting rooms.
Public Filming for Commercial Use
It is also illegal to film on public property if the footage is for commercial use. Any individual or company that films or takes pictures on public property and plans to use that footage for profit and sale must apply for a permit first. Student filmmakers must also get a permit.
However, you may not need a permit if you are not filming for commercial purposes.
If you are unsure whether you need a permit to film, contact your local permitting department. They will also let you know the cost of filming.
Can Stores Film Customers?
Public filming can work both ways. Customers cannot film inside stores without the owner’s permission. So, can stores film customers without their permission?
The answer is yes because customers have no reasonable expectation of privacy in a store. Many stores have surveillance equipment in their stores for security purposes. However, they must respect customer privacy. They cannot install cameras in restrooms, locker rooms, or fitting rooms.
Stores do not need to obtain a customer’s consent to film them, nor do they need to post signage to alert customers they are being filmed. However, stores should make cameras visible if possible. In fact, some states require consent for using any hidden camera.
What About Audio Recording?
While visual footage is legal, businesses cannot record audio conversations without a customer’s permission in most states. Both parties must agree to the recording beforehand.
Most companies will tell you a call is being recorded for training purposes before the call begins. If the customer stays on the line, they agree to the recording.
The same rule applies to face-to-face recordings. You cannot film a conversation without the other person’s consent.
The only exception is law enforcement. Law officials may record audio without the person’s consent. They are subject to different rules than private citizens.
Can Stores Film Employees?
Public filming laws get even stricter regarding employers and employees. In many states, employers must disclose the location of their video surveillance cameras to their employees. It is recommended that stores obtain written confirmation stating employees are aware they are being filmed.